Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-10-30
The Amendments.

When we penned our article Of few
DAYS ago telling how Mr.. Boris had
construed the seventh amendment to
the Federal Constitution, it did not
enter our mind that We should ever
find Nj Tucker going further than
Mr.. RoTTs did. But he has done SO.
He has advocated a centralsm of which
Mr.. Justice FIELD spoke as follows:
Justice Field: Then You would bring all
questions TO this court I cannot conceive OF
any question which cannot Toe brought here il
the fourteenth amendment makes the privi-
ieges ard immrnitcs' - which IL refers III
clude all those Of the frs, ten amendments.
This inference is unavoidable. Ii
Mr.. TUCKER is right, the Supreme
Court of the United States can be
called upon to consider a case involving
n tcn-dollar fine.
And yet Mr.. Tucker made an argu-
meDt that must appear to many persons
TO be plausible We quote from the
Washington Posts report:
Tuning. then, to another question raise ; by
the case, which. he said, was a new one in this
court he MIR. Tucker quoted the second clause
OF The fourteenth amendment 10 the effect that
mo state shall make or enforce any law which
shall Gbridge The privileges or immunites ~
citizens Of The United Stftes.' Among the
privileges and immullileS thus guaranteed
ly The fourteenth amendment we're. he clu-
fenced, those set forth In the first ten amend
merits 20 the Federal Constitution, su,h as the
right Of citizens TO be secure in their persons,
houses, papers, and effects against unrea-
searches and l.
mcuto and the immunity designated in
The clause Of the fifth amendment, wh n
provides that LO person shall be COM
peeled in any criminal case 10 be witness
agains himself Ii nal been matuta.ueI. d.
said. hat these first ten Amendments . "a,
Constitution were limitations OF Federal po"'.
Oniy, hut IN his opinion they had also ths cha.
ractcr Of a bill Of rights: they showed what
some OF The rights Of citizens Of u" U1ii3
STATES were, and those rights, privileges, AMI
inlmunities were carried forward auf con
frmed by the fourteenth amendment. Il was
his belief that unless the privileges an immI-
mites set forth in the first ten ameu1ments
were specifically said in terms 10 be merely
limitations OF Federal power they We're prIv.-
leCts and immuniiles which came within On
Yuiview Of the fourtcenth amendnclt AMI
wee guaranteed 10y II
We concur in the opinion expressed
in the last sentence above quoted
namely, that unless the first ten amend
ments be limitations upon the Federal
power they protect privileges and i'm
munities, &c. Unless is the pivotal
word. Mr.. Tucker knows that those
amendments were never construed by
aDy court to be anything else than limi-
tations upon the Federal power. SO
he says that IF they are not limitations
they are something else. And he spoke
the truth, undoubtedly.
Let us see where the flaw is in Mr..
TUKEE's argument. 1t is in assuming
that a limitation upon the Federal
power could, by the operation OF the
fourteenth amendment, be converted
into limitation upon the powers OF
tie States. The entire argument of
Mr.. TUCKER was intended to establish
this proposition.
Let rs try to illustrate the state OF the
case. The fourteenth amendment pro-
vides that no person shall be deprived
Of property without due process OF law.
The seventh amendment provides that
in the Federal courts no case involving
more than twenty dollars shall be tried
without a jury. OF course, then, if
Mr. TUCKER is right, the fourteenth
amendment has converted the seventh
amendment into n provision of law that
no case involving more than twenty
dollars shall be tried in State court
without a jury So as to the amend
ment forbidding Federal courts to com
pei man to give testimony against
himself. The fourteenth amendment
has converted that into constitutional
law providing that i'll the state c)u'ts
10 person shall be made to testify
against himself
And if any Judge in State court
shall without jury allow judgment
TO be entered for more than twenty dol
lars, or if any State court shall compel
person to testify in his own case, then
the courts of the United States will re-
verse that Judgment and that ruling!
In word, as we said the other day,
the Supreme Court of the United
States will commit suicide if it decides
to take jurisdiction in the case of the
Anarchists, and the men who framed
the fourteenth amendment and forced
il into the Constitution will have
pprooted the Government whose founda-
tiops were laid by the fathers of the
republic.
General BUTLEB's ridiculous speech
cannot be dignified with the name
"areument We do not wonder that
as soon as BUTLER sat down the Chief
N Justice called the next case.